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Was Justice Served?

If we have time today, I’d like to discuss the case of Annie Tong-Try, the Los Osos woman who accidentally killed a young girl in San Luis Obispo on Halloween night, 2005.

As reported this week, Tong-Try was put on three years’ probation, fined $200 and order to do 100 hours of community service. She agreed to this deal rather than go to trial. Driving her car, Tong-Try hit and killed young Kimberly Macias on South Street in San Luis Obispo.

The city of SLO and Cal Trans already gave the Macias family a $100,000 settlement because of the supposedly poor conditions of the street.

My question: Why was Tong-Try prosecuted to begin with? She wasn’t speeding that night. She wasn’t cited. She broke no law. What happened was a tragic, unfortunate accident, but it was just that — an ACCIDENT. By all accounts, Tong-Try is a responsible and mature young adult with a promising career. Does anyone doubt she’ll be haunted the rest of her life by what happened? Why prosecute?

  1. Anonymous
    August 2, 2007 at 6:07 pm

    A little girl died, killed by that driver. Accident, or not, that woman is responsible. She got off easy.

  2. Anonymous
    August 2, 2007 at 6:53 pm

    This driver was not speeding, did not hit & run. She did everything she could considering this was a horrific ACCIDENT. Bad things happen to good people at times, just life. Families (ie parents)also need to take responsibility in situations like this in my opinion. This was not a safe place to be walking at night with excited trick or treaters. AND parents need to realize that each child needs an adult IN HAND. So why not charge the parents as well?? Probably because we all know that they are suffering enough. And the parents had no idea at the time that they were endangering their child. Accidents DO happen. The driver will relive that night for her entire life. The parents will suffer forever. But it was an ACCIDENT. In my opinion NO ONE…not even the city should have been charged or sued. Government can not protect us from EVERY possible accident. Kids climb trees, hop on rocks along the creek…and sometimes they fall and get hurt. Just part of life. These should not be lawsuits for the City or the owner of the tree. It’s gotten out of hand. The grief the family of this child feels will not be cured by putting this driver in jail OR sueing the City. I pray for them all.

  3. Thomas W
    August 2, 2007 at 11:19 pm

    This is a case of overzealous prosecution and three parties suffered as a result. First, the parents who lost their little girl, tragic in itself. Second, the driver, who will probably need professional help to overcome the guilt associated with the incident and thirdly, we the tax payers who payed for the cost of prosecution, trial or no trial, the lawyers always get paid. They are the only winners.

  4. Rich from Paso
    August 3, 2007 at 12:33 am

    I concur with Tom. If there was no traffic law violation and there was no alcohol involved, then the fact remains, bad things just happen to good people for reasons that are unexplainable. To further stain this young person with a criminal conviction in addition to the scars of the tragic event brings needless additional pain and suffering. The parents will never have their little girl back. How does this prosecution do anything to aleviate any of the pain their child’s loss has brought them/ The simple answer is that it doesn’t. Sadly wrongful prosecutions are on this rise in the country at all levels of government. Mike Nifong lost his law licsence and his job for just such an event.

  5. Patty in Nipomo
    August 3, 2007 at 1:07 am

    Who is the prosecuter? Lets find out who’s really at fault in this tragic story

  6. Chuck B
    August 3, 2007 at 3:14 am

    Dave – you should get District Attorney Gerry Shay on your show and ask him to explain why his office decided to prosecute this young women.
    This is a busy street, the driver was not speeding and it was night time. If I remember correctly, the child was dressed in a black witch’s costume.
    I guess the message is that we should all beware… This kind of accident can easily happen to the most careful driver at anytime.

  7. wilson
    August 3, 2007 at 3:37 am

    Tong-Try had the misfortune of driving while legal. 47 % of cited / stopped Drivers in California have NO License, NO Insurance, and NO Registration for the vehicle of that 47 %,over 92 % were ILLEGAL ALIENS

  8. the ghost of christmas past
    August 3, 2007 at 4:50 am

    On the bright side, there is something else to talk about in Los Osos besides that damn sewer.

    Damn tragic shame though. Even if she was an illegal alien still wet from swimming the Rio Grande, there is nothing about this case that says that Tang-Try did anything illegal in the operation of her car. Even if she is here illegally, the “if not but for” argument should apply to the parents that did not give their daughter the proper lighting or reflective gear or the proper instruction of knowing when and where to cross the street when dressed for Halloween. There is some culpability that is not being shared by the parents here.

  9. Anonymous
    August 3, 2007 at 4:53 am

    I am stunned by the fact that people automatically assume that because someone’s name isn’t Anglicized that she must be illegal. Amazing.

  10. Joe M
    August 3, 2007 at 5:56 am

    I agree. Where she came from and how she got to be here is irrelevant. A girl died due to an accident and the book was thrown at the driver. Period.

  11. Hoosier21
    August 3, 2007 at 12:57 pm

    This was a travesty of justice. This could have been you or me and the Judge actually could have put us in jail for being legal. Something is wrong here.

  12. NewsstandGreg
    August 4, 2007 at 12:36 am


    Looks like we all pretty much agree. Tong-Try became the victim of an over-zealous prosecutor.

    Dave, this is just one of a number of odd cases churning through the Courts in San Luis Obispo.

    Something smells in River City!

    –Newsstand Greg

  13. Bob Sr
    August 4, 2007 at 1:11 am

    Driving the speed limit does not release you of responsible actions.
    Seeing where your driving is important.
    Libs love the lawyer but not here.
    Not sure what to make of this tragedy.

  14. Downtown Bob
    August 4, 2007 at 3:36 am

    bob sr. said:

    Libs love the lawyer but not here.

    Gawd, what an idiot. The “bad” guy here seems to be the District Attorney who although is a lawyer, is actually an officer of the law; I thought all of you righties were the “law & order” types who can’t wait to see any law breaker “hang” for their offense?

    Dave, will you contact the D.A.’s office and ask if the prosecutor for this case will come on your program to explain his actions? I am sure that most of us would be curious of his motivations in this case. As has been stated here already, I am sure that Ms. Tong-Try suffers every day when she thinks about that night. I am sure that Kimberly Macias’s parents suffer every day. None of that suffering accomplishes anything, but it cannot be avoided. As for the conviction of Ms. Tong-Try, what exactly does that accomplish?

    Addressing the poor conditions of the intersection (South St. and King St.), it is a poor intersection that should have a stop light. Pedestrians have to negotiate a crosswalk spanning four lanes of traffic that has a speed limit of forty-five miles an hour, meaning that some of the yahoos barreling through there are probably going fifty to fifty-five mph, and the topography is such that you cannot see very far in either direction. At the very least that intersection should have a pedestrian accessed stop light so that they can cross with some sort of safety. If CalTrans does not want to impede Highway 227 traffic with that pedestrian stop light, they need to find a new route for 227 so that the city can address the street in the manner they deem to be appropriate. Changing it from four lanes to two lanes will not make any safer for pedestrians wanting to cross as they will have to wait longer when the traffic is squeezed into two lanes.

  15. Rich from Paso
    August 4, 2007 at 4:44 am

    There you go again, Bob, making dumb blanket statements about people you will never understand. Recall that it was the Right that wanted to wait and see the evidence before convicting the Duke lacrosse players. It was the Left, with the likes of Al Sharpton and jesse jackson (I think Dave even said he thought they were guilt; help me out here, Dave) that was wondering aloud why these rich kids weren’t hanging for raping a black woman yet.

    On another topic: In the wake of the Minneapolis bridge tragedy, here is how I would solve the problem:

    1. Repeal the parts of the 2006 transportation law (namely all of the pork-laden earmarks like the infamous ‘Bridge to Nowhere’) that do not cover maintenance on existing infrastructure.

    2. Divert that savings to the worst rail and road bridges and tunnels (about 60,000 of them) up from their near failing conditions.

    3. The 2007 Transportation bill should ban any new construction projects except to replace rail and road bridges that are beyond upgradeable condition.

    4. Ban all earmarks to the Transportation Bill. I would prefer to ban earmarks altogether, but short of that, I’ll settle for no wasteful earmarks on this year’s appropriation. After all, how many more Western marsh frog studies or buildings named after Robert Byrd does this country need?

    I think that all liberals should hurry to get behind this plan. What is the first reaction of liberals everywhere? Raise taxes because the Iraq War is taking up too many resources, as Barney Frank and Keith Overblown have both stated. Well, if The Iraq War is really taking up too much money (half a trillion, they say) but there is still enough money for all of Murtha’s and the rest of Congresses pet projects, then the American people will see through that quickly and reject the argument outright. But if liberals ban earmarks now and end the wasteful projects of the 2006 Trans. Bill and there still isn’t enough money to fund the infrastructure repair bill, then their arguments for higher taxes and/or the end of the Iraq War will have more merit. My response to the “if not but for the Iraq War argument” is that we are $8 trillion in debt. If that money was not a big deal to spend, then just right the freakin’ check and fix the freakin’ bridges before someone else dies. The argument that we don’t have enough money is the same as spending your last dollar on cigarettes and beer but you are unwilling to put your grocery bill on your credit card. It’s just plain silly. If our politicians had any brains whatsoever, they would be debating this instead of investigating whether or not Bush’s exercising of his constitutional powers was illegal or not or if we should be listening to terrorist phone calls. Why worry about terrorists blowing us up if our bridges will fall down of their own accord?

  16. Bob Sr
    August 4, 2007 at 5:27 am

    Bob, you can’t wheel around,drive the speed limit and claim anything that gets in your way is an accident.
    Hard to understand the outrage.
    Must be a liberal thing?

  17. Anonymous
    August 4, 2007 at 5:39 am

    How did Caltrans do anything before hearing from the “all knowing?”
    the more some say……

  18. Downtown Bob
    August 4, 2007 at 7:33 am

    bob sr. said:
    Hard to understand the outrage.
    Must be a liberal thing?

    Um, outrage? Do you mean this:
    Gawd, what an idiot.
    Explain to me in simple terms so that I can understand how this is outrage. I thought it was an observation, an opinion if you will, of my understanding that you were confused as to who is the “bad guy” here. Do you mean the Defense Lawyer because he did not prevent his client from being convicted? Or, were you actually confused about the role of the D.A.?

    Rich: You are correct that the Right was the most vocal in proclaiming that the Duke LaCrosse players should have their day in court before everyone jumps in on them with their outrage. I do have to wonder though, if the Right would have been so steadfast in the call for waiting for evidence if the young woman in question had been a blonde white girl and the players in question had all been black. Do you really think the situation would have played out completely the same?

    On your other topic; first the earmarks. The Senate just passed an ethics reform bill that will cause those who insert earmarks into bills to be identified; the Republicans who opposed and voted against this reform have stated that the bill did not go far enough, which most people could agree on, however Congress needs to start somewhere. This bill may not be perfect, but it is a start.
    Second, the crumbling infrastructure; if one wanted to look at where the problem started in not maintaining our aging bridges, roads, steam networks (New York City), railways, dams and all other items that make up our infrastructure, look back at the tax cuts that really were accelerated under Ronald Reagan’s leadership. I will be one of the first to admit that I don’t necessarily like to pay taxes, but it was Ronald Reagan that made “taxes” a dirty word. How many conservatives brag about how little taxes they pay? The main problem with most of the tax cuts in the last thirty or so years is that they have benefitted the top one to ten percent of income earners in the country. Had those tax cuts not been implemented and the maintenance programs been funded as needed, is it possible that repair and maintenance would have been kept current? It is possible, but we will never know.

    anonymouse: “all knowing”? I don’t know any more than professionals who have degrees in traffic planning or city planning; it just seems like common sense to me, and it is only my opinion. It would be nice to hear from any traffic professionals to get their input on how to “fix” South Street.

  19. Rudy McCain
    August 4, 2007 at 10:31 am

    Bob, in terms of your argument about whether things would have been different in the Duke case had it been black men and a white woman, just look at the execution rates in the South. If you’re black and commit a crime against a white person, you’re put on Death Row on the thinnest of evidence. They had one guy on Death Row appealing because HIS LAWYER FELL ASLEEP DURING THE TRIAL.

    Double standard for blacks and whites in this country. That’s for sure.

  20. Bob Sr
    August 4, 2007 at 4:12 pm

    One more time Bob.
    Driving the speed limit does not give you the right to mow over anything in front of your car.
    Being upset with prosecuter, Caltrans, anyone but the driver is another example of liberals never wanting to take personal responsibilty for anything?

  21. Rich from Paso
    August 4, 2007 at 4:15 pm

    Bob: I would react the same if she was white, brown, asian or from Mars. It is so typical of you to try to smear Republicans any way you can. You create a hypotheitical situations so you can claim that all conservatives are racists. You are just wrong and bigoted against people you don’t understand and you believe every steroetype of conservatives you hear. You are more likely to be a racists than I am, Bob. You won’t believe it, but it is true

    The sewer pipe incident in New York City has more to do with the city being 447 years old than Reagan’s tax cuts 24 years ago. That city is just old, plain and simple. The whole east coast of this country is just plain old and needs fixing. Tax cuts have nothing to do with that. See my next point for why.

    As to your other point about taxes: you are so full of crap. The dirty, nasty evil rich are the ones that pay almost all of the taxes in this country so of course they will see the lion’s share of benefit when the tax rates are lowered. Here’s a fact: In 2005, the top 1% of income earners in this country paid over a third of all taxes. The top 5% paid 54% of all taxes. The top 50% of all wage earners paid 96.4% of all taxes. But do you know who gets the benefits of the hard work of the top 50%? The bottom 50% that don’t do shit but go to the mailbox and collect their government handout. The bottom 50% don’t pay taxes, period. With the Earned Income Tax Credit, the bottom 50% get a check for credits they didn’t earn. Don’t give me this crap about Reagan making taxes a dirty word. It was you liberals that made it a dirty word with the way you give other people’s money away and then pat yourself on the back on how generous you are. Everyone should pay taxes if they earn a paycheck, no matter how little that check is. Everyone should feel the pinch of taxes, that way everyone has a stake in what is going on. Can’t just have people living as wards of the state because they can. That is immoral and wrong to you and me that are making this country work. It is theft that has been made legal by another group of people that don’t pay taxes: our congressmen and women.

    Your entire response on budgeting is specious and completely flawed. It’s as if you didn’t read my previous post. Okay, one more time in bold letters in Jerry’s style of writing. Maybe you will comprehend it this way. Here it goes:


    There. Do you understand what I am saying, now?

  22. Downtown Bob
    August 4, 2007 at 5:25 pm

    bob sr.: I don’t think that there is much difference in how you and I see people as needing to be responsible for their actions; your slam appeared to be directed more at lawyers in general, that is what I was responding to. I do agree that drivers need to be totally responsible for what their car is doing, where it is at all times, how fast it is going, etc, etc. The point of Dave’s post is that no laws were being broken, yet a little girl died. The driver was not speeding, was not under the influence of any substance, so the question remains, what does convicting the driver accomplish?

    Rich: As usual, you make some very good points. I don’t have time to respond right now, I have to get to work. I will come back later to respond.

  23. The New Tone of San Luis Obispo
    August 4, 2007 at 11:14 pm

    Bob, keep fixing those hot dogs for the tourists walking past your cart. They are good wieners I have to admit? Where do you get those from Downtown?

    I have to agree with most here that this is a case that never needed to be prosecuted. Why are not the parents of the little child not criminally responsible for letting them run around in black clothing on a very busy street? If I let my dog loose and it runs in traffic, I am responsible. Not the people driving past obeying the law.

  24. Anonymous
    August 5, 2007 at 7:15 pm

    downtrodden boob…same ol same ol! Nothing ever changes.
    Bottom line:
    When you are behind the wheel of as car you are responsible. Period! She was lucky they let her cut a deal! She ended a life for $200? Outrageous!

    As for the poor lil girl, where were the parents? partying on the 100 grand settlement! Chuck them in jail too!

    Freeking bleeding hearts! This gal got off way to easy. maybe the lil girl’s face will haunt her.

  25. Bob's famous dogs lover
    August 5, 2007 at 10:16 pm

    Bob does make a great hot dog! I think he gets em from the same company that makes the great Dodger dogs! Yummy!
    Get there early in the day when the buns are fresh and the condiments are not all mixed together. I eat Bob’s dogs 2-3 ti,es a week, yet he never metions politics or the economy or anything of the sort! I began to wonder why until it dawned on me…when Bob is slinging hot dogs he doesn’t have his computer so he can copy-n-paste what he says. So like a smart downtown business owner (his is on wheels) he keeps it strickly to business! Bob’s dogs are yummy! His copy-n-paste crap sucks.

    ps: I love how he blew Rich off with the oldest line in the book “I will respond later”. Guess he needs more time to copy-n-paste his response.

  26. Rich from Paso
    August 5, 2007 at 11:52 pm

    I’m sure Bob will respond. He usually does, but sometimes he just needs a little time to organize his DNC talking points.

  27. ain't dat da truth
    August 6, 2007 at 12:41 am


  28. the ghost of christmas past
    August 6, 2007 at 11:58 pm


    John Zogby has reported that his latest poll shows that 97% of all Americans disapprove of the way Congress is handling the Iraq War, with a just-over-the-margin-of-error 3% approving. Conversely, that same poll holds that only 38% of Americans approve of the way President Bush is handling the war. I guess the Iraq War wasn’t what the American people threw out the Republicans for after all. How about them apples, Bob?

  29. The real John Murtha
    August 7, 2007 at 12:22 am

    No worries here, I just got 160,000,000 in earmarks.
    My brother is a heck of a lobbist for the defense contractors.
    Great job Nance and Harry

  30. proud American
    August 7, 2007 at 2:17 am

    Your congress sucks and you know it and you hate it!

    What’s worse is that you all have your heads up your butts and won’t deal with it, talk about it or admit it!

    You got the house and the senate and nothing has changed! Except you threw 100’s of thousand of young workers to the street by raising the minumum wage! whoopi-freekin-do!

    Bush is winning this war on terror! What you won’t acknolwedge is that it really doesn’t matter where we fight it! We are fighting a currupt and bogus ideology of the islam faith! 3000+ years and nothing to show for it but hatred anger and resentment for what the Europeans have done in Canada, the USA and the european countries.

    These idiots in dirty nightshirts may be patient but a good president like Bush will not back down! He is keeping us safe from these freaks of nature and will as long as he is in office.

    whoa be the day we swear in a liberal as president and we get attacked because you are all spinless whimps! That day will be the official end of your party as we know it.
    and it can’t come to soon for those us that love this country and stand for what makes and keeps us great!

    bring it islam! You have met your match!

  31. Marilyn
    August 7, 2007 at 2:34 am

    To the highly intelligent and educated “proud american:”

    How can Islam be 3000 years old when Christianity is only 2000?

    No wonder we cannot defeat people who ride donkeys for transportation despite all our multi-million dollar technology. With bright bulbs such as the one above, we don’t need enemies. We’ll just die of stupidity.

  32. Kevin in Paso Robles
    August 7, 2007 at 3:24 am

    Marilyn has already fixed her country of origin and now has come to America to fix it.
    What a gal! What a patriot!

  33. Anonymous
    August 7, 2007 at 3:40 am

    2.5 hours ago

    JERUSALEM – Israeli security officials on Monday warned citizens traveling in Egypt, Jordan and other Muslim countries to leave immediately due to a “concrete and severe” threat of terror attacks.
    Israelis anywhere in the world should also be alert to the danger of being kidnapped by operatives from Hezbollah, the Lebanese militant group, according to the announcement from Israel’s National Security Council.

  34. Joe M
    August 7, 2007 at 4:13 am

    Wow, that’s news! Israelis have to worry about getting jacked in Arab countries? How long have they had to worry about that? Oh yeah, now I remember! Israelis have had to worry about getting jacked or killed for the last 52 years.

    What a waste of perfectly good blogging space.

  35. all muslims out of the USA now
    August 7, 2007 at 1:48 pm

    Funny how “people” from islam will never sat anything bad about islam or terrorism.
    Nice try marilyn.
    You are first and foremost a muslim and it is in your religon to kill infidels.
    Killing is a way of life for all muslims, they just hate that we know it.
    Their only hope is to keep winning over the stupid libs to their side.
    They hate that they are losing the war on terror…and they hate that this new congress will not take a stand on the war.
    bottom line…the “marilyns” of the world will go down in flames!
    All mulsims out of the USA now! No more immagration from any muslim country.
    Deport them back the sand hell they came from.
    You want to fix something broken? start with this allah idiot and all his hate and killing.
    The other option is that you can keep blowing up babies and women for your cause. But know this. We are on to you and your countrymen.
    This war on terror will end with a victory for this “one nation under God”.
    Deal with it…you lose in the end!

  36. Anonymous
    August 7, 2007 at 8:21 pm

    “Funny how “people” from islam will never sat anything bad about islam or terrorism.
    Nice try marilyn.
    You are first and foremost a muslim and it is in your religon to kill infidels.
    Killing is a way of life for all muslims, they just hate that we know it.”

    What did you do Jerry, get off the air with Dave and write that diatribe?.

  37. Anonymous
    August 16, 2007 at 4:47 am

    This case is much like the Freitas case in Grover. He broke no laws, no drugs or alcohol involved. The main cause of the accident was faulty lighting and cross walk lines.

    When the CHP tried to use a re- inactment to prove guilt, their process failed. In fact it was so bad they decided not to use the film in court.

    The evidence was so good for the defense, the judge would not allow the defense to use it.

    The public never had the chance to see it was impossible for the DA to prove his case.

    The fact that one of the victims had Meth in their system was also not allowed in court.

    The fact that witnesses testified the girls were out of the crosswalk and the light that was over the crosswalk was not functioning and had not worked properly for months made no difference.

    The bottom line was, a person was dead and someone must pay.

    Accidents happen!

    Lawerers make no money on that theory.

    Including elected lawers like our DA.

  38. P. Shavaun Scott
    August 26, 2007 at 4:50 pm

    Hi Dave,

    I just discovered your blog. As a long-time blogger (though new to Google’s blogger) I never allow anonymous comments, and often screen them.

    Cowards hide behind net anonymity and act-out the most ugly aspects of their dark sides, often victimizing others. I simply don’t allow it.

    Very best of luck to you!

    P. Shavaun Scott, LMFT
    San Luis Obispo, Morro Bay

  39. Rich from Paso
    August 28, 2007 at 12:37 am

    I can tell you that there are only nine people with profiles that comment on this blog: Me, you, Hoosier21, New tone, Jerry Dagna, Bob, Marilyn, Tom, and dave. Everyone else is anonymous either as an anonymous or they have a fake name. If Dave were to require that only people with profiles could blog here, you would see the traffic drop to next to nothing. On the plus side, the civility factor would creep up a tad after filtering our the anonymous posters.

    By the way, justice was not served today when Alberto Gonzalez was forced to resign over actions that were in no way criminal. The Democrats are sewing the seeds of their own defeat in ’08 with this constant revenge mindset. This is evident when 82% of Americans think that this Democrat-controlled Congress sucks. There are more people that disapprove of this Congress than disapprove of Bush or the War in Iraq. Think about that for a second.

    The only reason why Gonzalez had to go was because the Democrats had so paralyzed him with subpeona after subpeona that he was a anchor dragging on the justice Dept. Now Bush is going to just appoint temporary AGs and not go through the Senate to get them confirmed in the last year and four months of his presidency. Just watch; he will put a guy out there to be the next AG and he will back out “to spend more time with his family”. You all wanted accountability and now you will have a situation where there will be no accountability. This is what happens when you throw poison in the well and then you need to take a drink.

  40. Anonymous
    October 16, 2007 at 6:38 pm

    “this Allah idiot”?

    to this “all Muslims out of the USA” guy…. you wouldn’t happen to be Christian, would you? cause “this Allah idiot” would be your god too. Even if you are Jewish… same god. I am agnostic, but I do not believe Islam at its root is an evil religion. The Koran can be twisted to suit its reader’s needs in much the same way the Bible can be. The Koran explicitly states not to harm children of the book (Christians and Jews)yet they do it all the time. They are obviously not following their own religion very well.

    Remember, Timothy McVey was a Christian, and even an American, but that did not stop him from breaking the commandment of “Thou shall not kill”

    so, by your logic, since some, or even many Muslims are violent, none of them at all should be allowed in America. By those same standards, since some (like Timothy McVey) or even many Christians are violent (lets just take a simple example of “Christians” engaging in murder)we should also get rid of all the Christians in America, just send them back to Nazareth, since that’s where Jesus was from….

    interesting theory you have there…


    (I failed to register before I typed this all out, but I will still sign in the post because I am not an anonymous coward, and I stand by what I say)

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